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Some calling for review of Lowell's rental-property law

By Lyle Moran, lmoran@lowellsun.com

Updated:
02/19/2013 07:04:14 AM EST

LOWELL -- With the city in the early stages of implementing a revised rental- property ordinance, city councilors and neighborhood group leaders say the city administration in tandem with the full council should review and consider altering key elements of the law.

Neighborhood activists have voiced concerns about certain classes of property receiving exemptions from the ordinance, while some councilors are troubled by the $50 inspection fee per unit and how it is being applied.

The amended ordinance, which the City Council approved unanimously in October, requires those owning rental property in Lowell to have their units inspected by the city every three years instead of when the units change hands.

The ordinance was designed to help the city's sanitary-code inspectors examine more of the estimated 21,000 rental units in Lowell.

Taya Dixon-Mullane, the leader of the Lower Highlands Neighborhood Group, is supportive of the intent of the ordinance. However, she wants the city to consider requiring two-family, owner-occupied properties to comply with the ordinance instead of exempting them.

She told the council's public-safety subcommittee at a meeting earlier this month that there are a lot of owner-occupied, multi-family homes that probably do not comply with the standards for quality housing, so they should be inspected.

Dixon-Mullane highlighted the recent police seizure of as much as 100 pounds of marijuana at what she said is an owner-occupied property at 628 School St.

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"It is a perfect example of what we as neighborhood groups were worried about falling through the cracks," Dixon-Mullane said.

Sandy McNamara, president of the Centralville Neighborhood Action Group, said the city should also make sure single-family homes draw scrutiny from inspectors enforcing the rental ordinance.

As a former city sanitary- code inspector, McNamara said she knows many single-family homes are being rented, especially those around UMass Lowell, which are home to students.

McNamara also suggests the city consider inspecting all units in large housing complexes, rather than just a sampling.

According to the ordinance, properties with six or more units will receive rental- property permits for all units after satisfactory inspections of no less than 10 percent of units or three units in a building, whichever is greater.

"Why pick a couple and not do the whole building?" McNamara told The Sun.

City Councilor Bill Martin told the neighborhood leaders their concerns were heard loud and clear and said there would be more opportunity to discuss the issues in the near future.

The law's fee structure will be discussed in the coming weeks by the council's housing subcommittee, which Martin chairs.

A call to reduce fee

The issue of the $50 fee per unit for rental permits lasting three years was raised by City Councilor Rodney Elliott earlier this month.

Elliott said he thinks the city administration and council should look at reducing the fee because it comes on top of the trash, water, and sewer fees people are already paying, as well as property taxes. The councilor said he has heard from property owners frustrated about the ever-increasing fee and tax burden.

"If you break down every fee property owners are responsible for, it adds up," Elliott said. "I think people want and deserve some relief."

City Councilor Marty Lorrey said he agreed the inspection fee should be examined, especially for owners of large rental complexes. Lorrey gave the example of an owner of a six-unit rental property having to pay $300 for an hour's work, which he deemed a lot of money for a short amount of labor time.

"The intent of the ordinance is good," Lorrey said. "The cost from what I'm hearing is a little bit high."

City Councilor Ed Kennedy said one way to alleviate the impact of the $50 fee would be to make sure property owners are not getting charged the rental- inspection fee for the unit they live in. The owner of an owner-occupied three-unit property should pay $100 for rental inspections, not $150, he said.

"The purpose here is not supposed to be to generate revenue," Kennedy said. "The purpose should be to ensure the quality of rental units."

City Manager Bernie Lynch said his administration would be happy to review the fee structure in the ordinance, but he does not think it is excessive because the $50 fee covers a permit lasting three years.

Lynch highlighted that property owners who complied with the previous rental ordinance had to pay $30 whenever a vacancy occurred.

"I don't think $1.38 a month is that much for a landlord to pay to make sure their tenants are in proper units and they can advertise their units as being in compliance with the city," Lynch said.

Elliott also said he would like the council to review the ordinance's exemption for units that are annually inspected in conjunction with funding from the U.S. Department of Housing and Urban Development, such as Section 8 units.

The city requires owners of those units to provide a copy of a satisfactory HUD inspection report from the prior 12 months.

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